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U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay) by Ever since the Supreme Court narrowed the definition of "use" in Bailey v. U.S., 133 L.Ed.2d 472 (1995), for purposes of a conviction under 18 U.S.C. § 924(c) (using or carrying a …

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Warfield, No. 95-3325 (8th Cir.) (97 F.3d 1014) (October 2, 1996) (Judge David R. Hansen) by Quote of the Week - A fresh look at the Alice in Wonderland jurisprudence of the Guidelines: "Acquittal first, sentence afterwards." Perhaps the most noteworthy aspect of the Baylor case (cited above) …

U.S. v. Shasky, No. 4:CR95-3063 (D.Neb.) (939 F.Supp. 695) (September 6, 1996) (Judge Richard G. Kopf)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists

U.S. v. Shasky, No. 4:CR95-3063 (D.Neb.) (939 F.Supp. 695) (September 6, 1996) (Judge Richard G. Kopf) by Last week we reported two cases which highlighted the disturbing tendency of the courts to treat all crimes committed by law enforcement agents as nothing more than insignificant peccadillos and to sentence those …

U.S. v. Horton, No. 95-3708 (7th Cir.) (98 F.3d 313) (October 21, 1996) (Judge Ilana Diamond Rovner)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Disruption of Governmental Function

U.S. v. Horton, No. 95-3708 (7th Cir.) (98 F.3d 313) (October 21, 1996) (Judge Ilana Diamond Rovner) by The defendant in this case pled guilty to making a bomb threat against a Federal building (in violation of 18 U.S.C. § 844(e)) - one day after a bomb destroyed the Alfred …

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Crack v. Powdered Cocaine

U.S. v. Sloan, No. 94-2101 (11th Cir.) (97 F.3d 1378) (October 7, 1996) (Judge Phyllis A. Kravitch) by Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity. …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Physical Condition

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Court affirmed a downward departure on the basis of the defendant's kidney failure and charitable good works. Decisions like this one usually don't get published. First of all, they raise …

Bousley v. Brooks, No. 95-2687 (8th Cir.) (97 F.3d 284) (October 3, 1996) (Judge C. Arlen Beam)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists

Bousley v. Brooks, No. 95-2687 (8th Cir.) (97 F.3d 284) (October 3, 1996) (Judge C. Arlen Beam) by Case held that defendant who was charged with "using" a firearm had waived his rights to argue that his conviction was in any way infirm - but see Bousley v. U.S., L.Ed.2d …

U.S. v. Stinson, No. 95-2407 (11th Cir.) (97 F.3d 466) (October 10, 1996) (Per Curiam)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists

U.S. v. Stinson, No. 95-2407 (11th Cir.) (97 F.3d 466) (October 10, 1996) (Per Curiam) by Following a series of appeals, and the vacation of his original sentence, the defendant in this case argued that the district court had violated his rights under the Double Jeopardy Clause when, at the …

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. Rioux, No. 95-1542(L), No. 1717 (2nd Cir.) (97 F.3d 648) (October 2, 1996) (Judge Joseph M. McLaughlin) by Decisions like this one usually don't get published. First of all, they raise the disturbing question whether law enforcement officers of our nation are accorded special treatment - even when …

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Improper Comments

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald) by One issue addressed by the Court in this decision was alleged improper comments made by the prosecutor during summation. The Court emphasized that a conviction will be reversed for improper comments only …

U.S. v. Paradies, No. 94-8485 (11th Cir.) (98 F.3d 1266) (September 23, 1996) (Judge Harry W. Wellford)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Federal Funds

U.S. v. Paradies, No. 94-8485 (11th Cir.) (98 F.3d 1266) (September 23, 1996) (Judge Harry W. Wellford) by United States v. Pretty, 98 F.3d 1213 (10th Cir. 1996) (Judge Engel) United States v. Paradies, 98 F.3d 1266 (11th Cir. 1996) (Judge Wellford) Both of these cases involved convictions of prominent …

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Williams v. Greifinger, No. 96-2163, No. 1966 (2nd Cir.) (97 F.3d 699) (October 15, 1996) (Judge Louis H. Pollak) by The plaintiff in this case, an inmate at Sing Sing, was placed in "medical keeplock" for 589 days, without any opportunity for out-of-cell exercise, because of his refusal to take …

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers) United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen) We have often said that, with the possible exception …

U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Benefits received

U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel) by (See also U.S. v. Agostino, 132 F.3d 1183, 1196-97 (7th Cir. 1997) on the issue of whether a defendant must have received some personal benefit to merit a sentence enhancement under § …

U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Federal Funds

U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel) by United States v. Pretty, 98 F.3d 1213 (10th Cir. 1996) (Judge Engel) United States v. Paradies, 98 F.3d 1266 (11th Cir. 1996) (Judge Wellford) Both of these cases involved convictions of prominent …

U.S. v. Fleschner, No. 94-5929 (4th Cir.) (98 F.3d 155) (October 11, 1996) (Judge H. Emory Jr. Widener)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Conspiracy, Punch And Jurists

U.S. v. Fleschner, No. 94-5929 (4th Cir.) (98 F.3d 155) (October 11, 1996) (Judge H. Emory Jr. Widener) by This case may signal a new turn in the Government's prosecution of tax protesters. Faced with a rising number of tax protestors, and legal arguments that are becoming more sophisticated and …

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Closeness in Time

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen) by This case probably establishes the new, almost comical, judicial record for the meaning of "close in time." Here, one of the issues raised was whether it was error to admit evidence of …

U.S. v. Gamble, No. 96-80447 (E.D.Mich.) (939 F.Supp. 569) (September 11, 1996) (Judge John Corbett O'Meara)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists

U.S. v. Gamble, No. 96-80447 (E.D.Mich.) (939 F.Supp. 569) (September 11, 1996) (Judge John Corbett O'Meara) by This case is noted because Judge O'Meara dismissed one count of an indictment that charged the defendant with carjacking (in violation of 18 U.S.C. § 2119) on the grounds that the Government had …

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Baylor, No. 95-3035 (D.C. Cir.) (97 F.3d 542) (October 4, 1996) (Judge Judith W. Rogers) by Quote from Judge Wald in which she condemned, as fundamentally wrong, non-sensical, and constitutionally infirm the practice of basing sentences on conduct for which the defendant has been acquitted. QUOTE OF THE …

Rodriguez-Roman v. I.N.S., No. 95-70230 (9th Cir.) (98 F.3d 416) (October 9, 1996) (Judge Stephen Reinhardt)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Rodriguez-Roman v. I.N.S., No. 95-70230 (9th Cir.) (98 F.3d 416) (October 9, 1996) (Judge Stephen Reinhardt) by This case is a chilling example of the type of sensitivity, compassion and care exhibited by the Immigration and Naturalization Service and a good guide to the traps in seeking judicial review. In …